MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders. 20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20. 20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met: 20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City; 20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn. 20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO: 20.3.3.1. The mistake was known or made known to NYCDOT prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter; 20.3.3.2. The Bid price was based on an error of such magnitude that enforcement would be unconscionable; 20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error; 20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and 20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the Bid. 20.3.4. Upon the approval of the ACCO, pursuant to Article 20.3.3, the Bid may be withdrawn, and the bid bond or other security returned to the Bidder. The Contract shall either be awarded to the next lowest Bidder or resolicited pursuant to the PPB Rules. Under no circumstances shall a Bid be amended or revised to rectify the error or mistake. 20.4. Mistakes shall not be corrected after Bidder selection except where the ACCO, subject to the approval of the CCPO, makes a determination that it would be unconscionable not to allow the mistake to be corrected. 20.5. When a Bid is corrected or withdrawn, or correction or withdrawal is denied, the ACCO shall prepare a determination showing that the relief was granted or denied in accordance with the PPB Rules.
Appears in 23 contracts
Samples: Furnish and Install Agreement, Management and Operation Agreement, Supply and Service Agreement
MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20.
20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met:
20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City;
20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.
20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:
20.3.3.1. The mistake was known or made known to NYCDOT prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter;
20.3.3.2. The Bid price was based on an error of such magnitude that enforcement would be unconscionable;
20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error;
20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paperworkpaper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and
20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the Bid.
20.3.4. Upon the approval of the ACCO, pursuant to Article 20.3.3, the Bid may be withdrawn, and the bid bond or other security returned to the Bidder. The Contract shall either be awarded to the next lowest Bidder or resolicited pursuant to the PPB Rules. Under no circumstances shall a Bid be amended or revised to rectify the error or mistake.
20.4. Mistakes shall not be corrected after Bidder selection except where the ACCO, subject to the approval of the CCPO, makes a determination that it would be unconscionable not to allow the mistake to be corrected.
20.5. When a Bid is corrected or withdrawn, or correction or withdrawal is denied, the ACCO shall prepare a determination showing that the relief was granted or denied in accordance with the PPB Rules.
Appears in 10 contracts
Samples: Service Agreement, Supply and Service Agreement, Service Agreement
MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20.
20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met:
20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City;
20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.
20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:
20.3.3.1. The mistake was known or made known to NYCDOT BUILDINGS prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter;
20.3.3.2. The Bid price was based on an error of such magnitude that enforcement would be unconscionable;
20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error;
20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and
20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the Bid.
20.3.4. Upon the approval of the ACCO, pursuant to Article 20.3.3, the Bid may be withdrawn, and the bid bond or other security returned to the Bidder. The Contract shall either be awarded to the next lowest Bidder or resolicited pursuant to the PPB Rules. Under no circumstances shall a Bid be amended or revised to rectify the error or mistake.
20.4. Mistakes shall not be corrected after Bidder selection except where the ACCO, subject to the approval of the CCPO, makes a determination that it would be unconscionable not to allow the mistake to be corrected.
20.5. When a Bid is corrected or withdrawn, or correction or withdrawal is denied, the ACCO shall prepare a determination showing that the relief was granted or denied in accordance with the PPB Rules.
Appears in 3 contracts
Samples: Supply and Service Agreement, Supply and Service Agreement, Supply and Service Agreement
MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20.
20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met:
20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City;
20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.
20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:
20.3.3.1. The mistake was known or made known to NYCDOT prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter;
20.3.3.2. The Bid bid price was based on an error of such magnitude that enforcement would be unconscionable;
20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error;
20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and
20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the Bid.
20.3.4. Upon the approval of the ACCO, pursuant to Article 20.3.3, the Bid may be withdrawn, and the bid bond or other security returned to the Bidder. The Contract shall either be awarded to the next lowest Bidder or resolicited pursuant to the PPB Rules. Under no circumstances shall a Bid be amended or revised to rectify the error or mistake.
20.4. Mistakes shall not be corrected after Bidder selection except where the ACCO, subject to the approval of the CCPO, makes a determination that it would be unconscionable not to allow the mistake to be corrected.
20.5. When a Bid is corrected or withdrawn, or correction or withdrawal is denied, the ACCO shall prepare a determination showing that the relief was granted or denied in accordance with the PPB Rules.
Appears in 2 contracts
Samples: Furnish and Install Agreement, Furnish and Install Agreement
MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20.
20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met:
20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City;
20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.
20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:
20.3.3.1. The mistake was known or made known to NYCDOT prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter;
20.3.3.2. The Bid price was based on an error of such magnitude that enforcement would be unconscionable;
20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error;
20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and
20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the Bid.
20.3.4. Upon the approval of the ACCO, pursuant to Article 20.3.3, the Bid may be withdrawn, and the bid bond or other security returned to the Bidder. The Contract shall either be awarded to the next lowest Bidder or resolicited pursuant to the PPB Rules. Under no circumstances shall a Bid be amended or revised to rectify the error or mistake.
20.4. Mistakes shall not be corrected after Bidder selection except where the ACCO, subject to the approval of the CCPO, makes a determination that it would be unconscionable not to allow the mistake to be corrected.
20.5. When a Bid is corrected or withdrawn, or correction or withdrawal is denied, the ACCO shall prepare a determination showing that the relief was granted or denied in accordance with the PPB Rules.
Appears in 1 contract
Samples: Service Agreement
